A growing number of US citizens are developing committed love relationships with foreign nationals through the emergence of numerous social media platforms and dating websites, which frequently result in marriage.
However, because of immigration laws that discriminate against foreign spouses, many newlyweds may find it challenging to start a life together in the United States after such marriages.
A foreign national who marries a US citizen does not automatically become eligible to enter the country; instead, they must apply for an immigrant visa to live there permanently.
The CR-1 (conditional residence) spousal visa is the most appropriate visa option for couples who have been married for less than two years at the time of their application.
However, navigating the process of this visa type could be complex as it involves a lot of documentation. Mistakes in the application could further delay your reunion. This guide summarizes the CR-1 application process and eligibility requirements to help you achieve successful results.
CR1 Visa Eligibility Requirements
Ensure you meet all the conditions before applying for a spouse visa. As a marriage-based green card, the CR1 visa has specific requirements that applicants must fulfill, such as:
- A US citizen or lawful permanent resident may sponsor a visa.
- Both the applicant and the sponsor must be lawfully wed and in possession of a current marriage certificate.
- The pair needs to prove that their marriage is real.
The most challenging aspect of marriage-based green card applications can be demonstrating the validity of the union for immigration reasons. It is easier to establish other needs through paperwork, but it is more challenging to verify the legitimacy of the relationship.
Documents that prove a marital relationship, such as joint bank records, photos, shared property titles, or letters between spouses, might also be beneficial. However, the visa interview may be crucial in meeting this criteria.
Steps in the CR-1 Visa Application Process
Filing Form I-130 (Petition for Alien Relative)
As the US citizen spouse, you must first complete and submit an immigrant petition (Form I-130) to the United States Citizenship and Immigration Services (USCIS) on your spouse’s behalf in order to initiate the CR-1 application process. This form establishes the qualifying family relationship between you and your spouse and is typically filed with a number of supporting documents, such as the following:
- Proof of your US citizenship, such as your birth certificate or naturalization certificate
- A copy of your valid marriage certificate
- Evidence that any previous marriage has been legally terminated, e.g., a divorce decree or death certificate of your former spouse (if applicable)
- Evidence to show that your marriage is authentic and not a sham contracted to get immigration benefits.
Please make sure you accurately complete the form and provide the USCIS with all the necessary documentation. Any problems at this point could negatively impact the process’s final result.
To get things right, you have to exert every effort. If you need assistance with filling out or submitting the petition, don’t hesitate to get in touch with an immigration lawyer.
Filing Form DS-260
Following the approval of the immigrant petition, the application is transferred to the National Visa Center (NVC), where your spouse, who is a foreign national, must submit Form DS-260, the online application for the immigrant visa, along with any other necessary documentation.
Attending the Consular Interview
The applicant and you will be notified of the interview at a US Embassy or Consulate as soon as the NVC receives all the necessary paperwork. Your spouse needs to bring the required paperwork to the interview, such as the following documents.
- Affidavit of support, to be filled out by the citizen spouse
- Passport photos
- Passport for Travel
- Completed medical examination documents from a licensed physician attesting to the applicant’s excellent health and completion of the necessary immunizations
- Your marriage certificate and any other documentation attesting to the validity of your union. The consular officer may reject the application if they believe there is a marriage scam going on or if they need more proof of your actual marriage.
Depending on the circumstances, your spouse may require other immigrant visa documents.
Traveling to the United States
Once the consular official grants approval, the applicant will receive the CR-1 spouse visa and a sealed envelope. This package needs to stay sealed, and only a US immigration officer at the port of entry should be authorized to open it.
Your spouse might not be allowed to enter the United States if the package is opened. In addition, your spouse will be permitted as a conditional permanent resident after being cleared at the port of entry. Their card as a conditional permanent resident will be mailed to them soon.
CR-1 Visa Costs
There are many costs associated with CR1 visa applications. They include the following:
- Form I-130 USCIS filing fee – $535
- Affidavit of Support fee – $120
- Immigrant Visa Application fee (Form DS-260) – $325
- Medical examination fees (to be paid to the examining physician).
Considering the costs involved in this process, you must avoid making errors that could result in a denial, force you to start the application process over, or demand more fees.
Engaging the services of an immigration lawyer to ensure that everything is correct from the beginning can help you save unnecessary worry and costs.
Wrapping Up
Spousal visas bring loved ones together while also offering a route to permanent residency. Applying for a CR1 visa can be a complicated procedure, so a thoroughly thought-out application is essential.
If your spouse is abroad or you are married to a US citizen or lawful permanent resident, pay close attention to detail and ensure everything is ready.
Frequently Asked Questions
What’s the difference between a CR1 Visa and an IR1 Visa?
Spouses of US citizens who have been married for less than two years are eligible to apply for a CR1 Visa. They will be granted “conditional” permanent status, which is valid for two years, upon entering the US.
If the couple has been married for more than 2 years, the spouse is issued an IR1 Visa, and upon entry to the US, they will receive a regular 10-year US Permanent Residency (Green Card).
How long does a CR1 visa take?
The entire processing of a CR1 visa, including USCIS approval, National Visa Center processing, and the visa interview at the US embassy or consulate, usually takes 12 to 15 months.
Recent experiences suggest that this range may exist, although it varies depending on specific circumstances, the embassy’s workload, and the accuracy of the documents.
When appropriate, expedited procedures could involve following formal channels, seeking expedited consideration in urgent circumstances, and, in rare instances, premium processing (if available).
Although these steps could expedite the process, patience is still needed because immigration procedures can entail protracted waiting periods that aren’t routinely expedited.
Can you work on a CR1 visa?
Yes, after entering the country, holders of a CR1 visa are permitted to work and reside there permanently. Upon entrance, the CR1 visa grants conditional permanent residency, enabling the holder to lawfully work in the US without obtaining additional work authorization.
Although the CR1 visa permits people to work, if they would like a formal document attesting to their ability to work, they can also seek the procedure of acquiring an Employment Authorization Document (EAD).
This can be useful when applying for jobs or meeting specific employment requirements. The CR1 visa holder may apply for an EAD after arriving in the country as long as their status as a conditional permanent residence is still in effect.
Conditional permanent residents on a CR1 visa can also pursue education, travel in and out of the country, and enjoy other benefits of lawful permanent residency.
